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Articles, Speeches & Presentations

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General Topics | Articles on State Audit & Self-Disclosure Policies | Articles on EPA's Audit Policy

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General Topics

  1. U.S. EPA Region 5, FY 2005 Enforcement Results (PDF) (66pp, 274K) November 2005 - prepared by Bertram C. Frey for the November 18, 2005 Midwest Regional Meeting of the Auditing Roundtable.
  2. Consent Decrees, Orders, Plea Agreements and Settlements Requiring Features of a Compliance Focused Environmental Management System (PDF) (95pp, 371K) October 2004 - by Bertram C. Frey (October 7, 2004) prepared for the 2004 Illinois Environmental Conference.
  3. NAFTA/GATT Presentation (PDF) (105K, 14pp) September 2003 - by Bertram C. Frey.
    Also look at:
  4. The Concentrated Animal Feeding Operation (CAFO) Revised Rule (PDF) (9pp, 38K) January 2003
    by Michael R. Berman
    This article discusses the final rule announced in December 2002 that requires all large Concentrated Animal Feeding Operations (CAFOs) to obtain permits to protect America's waterways from wastewater runoff and manure.
  5. The New Millennium, MTBE, and the Future (PDF) (6pp, 16K) January 2003
    by Thomas J. Kenney
    An article about the EPA's Underground Storage Tank program's history, current status, and future direction. Published in the Illinois State Bar Association Newsletter in January 2003.
  6. Time is Running Out (PDF) (6pp, 13K) 1998
    by Thomas J. Kenney
    An article about the EPA's Underground Storage Tank program and its impending upgrade requirement back in 1998. Published in the Illinois State Bar Association Newsletter in 1998.
  7. RCRA Overfiling (PDF) (8pp, 101K) February 2001
    Speech given by T. Leverett Nelson, Thor Ketzback, and Joel Sternstein, IPCB, on February 9, 2001.
  8. The Ohio Review Experience (PDF) (19pp, 91K) July 2003
    Slides by T. Leverett Nelson on when state and federal laws are out of sync.
  9. Ohio Voluntary Cleanup Program (PDF) (3pp, 9K) May 2000
    Text of Overheads, by Bertram C. Frey at the Ohio Bar Association, Environmental Law Committee, Fifteenth Annual Environmental Law Seminar, May 5, 2000.
  10. Environment Midwest: Where We Stand at the Millennium (PDF) (19pp, 37K) May 2000
    by Bertram C. Frey at the Ohio Bar Association, Environmental Law Committee, Fifteenth Annual Environmental Law Seminar, May 4, 2000.
  11. Remarks of Steven A. Herman (PDF) (17pp, 24K) January 2000
    Assistant Administrator, U.S. EPA, Office of Enforcement and Compliance Assurance, edited and given by Bertram C. Frey for the State Bar of Wisconsin's 2000 Bench Bar Conference, January 26, 2000.
  12. Environmental Enforcement: An Overview (PDF) (12pp, 24K) November 1999
    by Bertram C. Frey at the Minnesota Bar Association Conference, November 17, 1999.
  13. Remarks by Bertram Frey (PDF) (4pp, 11K) October 1996
    at the Environmental Technology Expo and Compliance Workshops in Lansing, MI, October 9, 1996.
  14. US EPA's Intervention and Role in UST/LUST Regulation (PDF) (5pp, 10K) February 1996
    by Bertram Frey to the Lake Michigan States Section of the Air and Waste Management Association, February, 7 1996.

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State Audit Privilege & Immunity Laws and Self-Diclosure Policies

  1. Environmental Audit Immunity Laws: A State-by-State Comparison (2004 Update)
    by John A. Lee and Bertram C. Frey (U.S. EPA)
    A comprehensive examination of the audit immunity laws which have been enacted by a large number of states. Current through April 2004.
  2. Environmental Audit Immunity Laws: A State-by-State Comparison (PDF) (76pp, 212K) April 1998
    by John A. Lee and Bertram C. Frey (U.S. EPA)
    A comprehensive examination of the audit immunity laws which have been enacted by a large number of states. Current through April 1998. Published in the BNA Environment Reporter, 6-13-97, with a subsequent update. In August 1998, this article was named Article of the Month by LawResearch, a subsidiary of Law Research, Inc.
  3. Cooperation With Government Agencies Under Environmental Audit Laws, Rules, and Policies (UPDATE) August 2003
    By Bertram C. Frey (US EPA) and Kathryn McCollough. An analysis of what cooperation means in federal and state environmental audit and self-disclosure laws, rules, and policies. Current through August 2003.
  4. Cooperation With Government Agencies Under Environmental Audit Laws, Rules, and Policies (PDF) (30pp, 80K) February 1998
    by Bertram C. Frey (U.S. EPA) and Matthew J. Sanders
    An analysis of what cooperation means in federal and state environmental audit and self-disclosure laws, rules, and policies. Current through February 1998. Presented at the American Bar Association's 27th Conference on Environmental Law (1998).
  5. Environmental Grace Period and Amnesty Laws (PDF) (16pp, 41K) March 1998
    by Bertram C. Frey (USEPA) and Jennifer K. Harr
    An examination of environmental grace period and amnesty laws. Current through March 1998. Published in the BNA Environment Reporter, 5-1-98.
  6. Testimony of Bertram C. Frey (PDF) (5pp, 13K) September 1998
    before the Ohio Citizen Action Hearing. September 19, 1998, on Ohio's audit privilege and immunity law.
  7. Testimony of Bertram C. Frey (PDF) (9pp, 20K) June 1995
    before the Ohio Senate Energy, Natural Resources, and Environment Committee concerning the portion of the Ohio Senate Bill 138 that deals with Environmental Audit Privileges and Immunities. June 14, 1995.
  8. Testimony of Bertram C. Frey (PDF) (10pp, 21K) February 1995
    before the Ohio House Energy and Environment Committee concerning the portion of the Ohio Senate Bill 138 that deals with Environmental Audit Privileges and Immunities. February 8, 1995.
  9. EPA and State Environmental Agencies: Reversing Roles Exit EPA Disclaimer August 1996
    Written by Mark D. Anderson, Stateside Associates, originally published in Environmental Compliance & Litigation Strategy. Discusses the ways in which state governments are asserting a greater role in determining the way that environmental protection is achieved.
  10. Environmental audits laws and small business Exit EPA Disclaimer October 1997
    Advocates environmental audit laws for the sake of small businesses. Focuses on developments in Missouri. Printed in St. Louis Business Journal.
  11. Businesses unlikely to win amnesty for environmental audits Exit EPA Disclaimer March 1997
    Presents reasons for Wisconsin's audit legislation, particularly from a business perspective. Printed in Milwaukee's Business Journal.

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EPA Audit Policies & Self-Disclosures

  1. Cooperation With Government Agencies Under Environmental Audit Laws, Rules, and Policies (UPDATE) August 2003
    By Bertram C. Frey (US EPA) and Kathryn McCollough. An analysis of what cooperation means in federal and state environmental audit and self-disclosure laws, rules, and policies. Current through August 2003.
  2. Cooperation With Government Agencies Under Environmental Audit Laws, Rules, and Policies (PDF) (30pp, 80K) February 1998
    by Bertram C. Frey (U.S. EPA) and Matthew J. Sanders
    An analysis of what cooperation means in federal and state environmental audit and self-disclosure laws, rules, and policies. Current through February 1998. Presented at the American Bar Association's 27th Conference on Environmental Law (1998).
  3. The Nuts and Bolts of Environmental Auditing and Disclosing Non-Compliance under EPA's Voluntary Disclosure Policy (PDF) (7pp, 16K) February 2000
    given by Bertram C. Frey at the Chicago Bar Association, February 16, 2000. Overheads (PDF) (38pp, 34K)
  4. Environmental Auditing Since EPA's 1986 Audit Policy (PDF) (62pp, 153K) January 2000
    by Bertram C. Frey (U.S. EPA) and Karry A. Johnson (1/2000)
    An analysis of environmental auditing since EPA's 1986 Audit Policy. Portions of this article have been incorporated into a broader article on using auditing, pollution prevention, and management systems to craft superior environmental enforcement settlements, that has been submitted to and accepted for publication by the Environmental Law Institute.
  5. Environmental Grace Period and Amnesty Laws (PDF) (16pp, 41K) March 1998
    by Bertram C. Frey (U.S. EPA) and Jennifer K. Harr
    An examination of environmental grace period and amnesty laws. Current through March 1998. Published in the BNA Environment Reporter, 5-1-98.
  6. Protecting Privilege, Recognizing the Risks of Criminal Liability and Reaping the Benefits of EPA's Audit Policy Exit EPA Disclaimer (Virginia Lawyer, April 2001)
    Written by Dan J. Jordanger and Christopher R. Graham. Discusses the requirements and risks associated with the EPA's self-audit policy as well as the benefits of privilege and immunity.
  7. Should You Come Clean Under EPA's New Audit Policy? Exit EPA Disclaimer (2000)
    Written by Chris Thorne, Holland & Hart LLP. Discusses May 11, 2000 revisions to EPA's audit policy and the requirements that must be satisfied in order to satisfy the policy. Also discusses uncertainties raised by the policy.
  8. Audit-Privilege Laws: The Right to Know Nothing? Exit EPA Disclaimer (Environmental Health Perspectives Volume 107, Number 10, October 1999)
    Written by Richard Dahl. This article discusses the findings of the National Conference of State Legislatures (NCSL) indicating audit immunity does not result in more frequent or better audits, questioning whether such laws are more detrimental than beneficial.
  9. Environmental Auditing: Entering the Eco-Information Highway Exit EPA Disclaimer (New York University Environmental Law Journal, 1998)
    Written by Miri Berlin. This article suggests a new way to counteract some of the negative effects of audit privilege by employing methods modeled on those used by the Securities and Exchange Commission which would "both enhanc[e] companies' compliance with current environmental statutes and us[e] market forces to encourage compliance with environmental objectives."

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